POPLA appeal won! Tower Hamlets, NSL

Fruitcake

With regards to your defence (the title of the thread has an "s" instead of a "c"), my suggestions are: -

For your non-PoFA compliant NTK point 3, I would state the date the NTK should (must) have arrived by for keeper liability to apply. Remember to take a copy of the PoFA with you on the day if it gets that far.
A query on that: you stated previously the date of the alleged event was the 9th but in your defence you state it was the 10th. Please check and correct whichever one was wrong.

It might help to spell/count this out for the judge. Assuming the 10th of November 2018 is correct,

10th = Date of alleged event = day zero
11th = day 1
12th = day 2
…
24th = day 14 = last day NTK could arrive for keeper liability to apply
25th = day 15
26th = day 16 = date of issue (Monday) therefore earliest possible date of posting
27th = day 17 = first working day after posting
28th = day 18 = 2nd working day after posting, therefore day NTK deemed received by keeper as per the strict requirements of the PoFA and The Interpretation Act.

Remove exclamation marks.

Change "notice to keeper anyway," to "at all"

Change "me" to "defendant" in point 5.

Fruitcake

maxxpayne wrote: »

Hi Everyone,


Thanks for bearing with me. I have attached my defense, last day of submission being tomorrow I think (the Country Court claim is dated 7th October).


This is a somewhat unique case as the driver did play for parking initially, but overstayed owning to returning to the car late due to circumstances described in the defense. I assume as the keeper I can highlight the driver's case? Or should I just ignore it? Also, the driver does not remember if he tried paying extra upon coming back to the vehicle, the driver may have but the machine refused to take coins at that time and the driver just gave up and left. It was late, dark and raining.



Also, I didn't find may defense using GDPR, but more the old DPA clauses. Are there any GDPR clauses I should highlight?


I still not have received documents from UKCPM for my SAR as of writing.


Thanks once again for all the help.

Did you include proof of ID such as the V5 or a redacted utility bill? If so, then complain to the ICO if more than 30 days have elapsed since the SAR. If you didn't, then you need to send it again, but the PPC should have told you they needed more information and not let the 30 days pass without contacting you. Again this should form the basis of a complaint to the ICO

Fruitcake

It might help to cut the PoPLA win part of out of your initial post and use it to start a separate thread, then change the thread title of this one to reflect your current court case and PPC.

maxxpayne

Hi,


Really appreciate this.


My mistake, the date was 10th November and not 9th. They played around with me a couple of times, which caused the delay but I have used their website form as they instructed me wiht a copy of the V5C attached. Let's see what I get...



I have made the suggested changes.
Thanks again.

Fruitcake wrote: »

With regards to your defence (the title of the thread has an "s" instead of a "c"), my suggestions are: -

For your non-PoFA compliant NTK point 3, I would state the date the NTK should (must) have arrived by for keeper liability to apply. Remember to take a copy of the PoFA with you on the day if it gets that far.
A query on that: you stated previously the date of the alleged event was the 9th but in your defence you state it was the 10th. Please check and correct whichever one was wrong.

It might help to spell/count this out for the judge. Assuming the 10th of November 2018 is correct,

10th = Date of alleged event = day zero
11th = day 1
12th = day 2
…
24th = day 14 = last day NTK could arrive for keeper liability to apply
25th = day 15
26th = day 16 = date of issue (Monday) therefore earliest possible date of posting
27th = day 17 = first working day after posting
28th = day 18 = 2nd working day after posting, therefore day NTK deemed received by keeper as per the strict requirements of the PoFA and The Interpretation Act.

Remove exclamation marks.

Change "notice to keeper anyway," to "at all"

Change "me" to "defendant" in point 5.

Coupon-mad

You really need to do an ADVANCED EDIT to change the thread title!

And it is a COUNTY Court claim not 'Country'.

No idea where you found such an old defence example that it mentions the Andre Agassi case that we never see on here now. Remove paragraphs:

6
7
10
and
14 - 20

Then post again to show us what the revised defence then looks like.